TY  - GEN
N2  - This article  discusses  the  potential  impact  of  the Star  Athletica decision and the Court’s new two-part  test  for  separability.  The  first section  summarizes  how  product  shape  and  design  are  protected  under our intellectual property laws, explains the preference for copyright, and sets  forth  federal  policy  allowing  the  public  to  copy  products  that  our patent and copyright laws leave in the public domain. It next provides an  overview  of  how  copyright  protection  for  the  artistic  features incorporated  in  useful  articles evolved between the Supreme Court’s 1954  decision  in Mazer  v.  Stein and  its  decision  in Star  Athletica in 2017. After   summarizing   the   majority,   concurring,   and   dissenting opinions  in Star  Athletica, the  article  applies  the  new  test  in  several difficult pre-Star Athletica cases in order assess the decision’s practical impact on a variety of useful articles.
AB  - This article  discusses  the  potential  impact  of  the Star  Athletica decision and the Court’s new two-part  test  for  separability.  The  first section  summarizes  how  product  shape  and  design  are  protected  under our intellectual property laws, explains the preference for copyright, and sets  forth  federal  policy  allowing  the  public  to  copy  products  that  our patent and copyright laws leave in the public domain. It next provides an  overview  of  how  copyright  protection  for  the  artistic  features incorporated  in  useful  articles evolved between the Supreme Court’s 1954  decision  in Mazer  v.  Stein and  its  decision  in Star  Athletica in 2017. After   summarizing   the   majority,   concurring,   and   dissenting opinions  in Star  Athletica, the  article  applies  the  new  test  in  several difficult pre-Star Athletica cases in order assess the decision’s practical impact on a variety of useful articles.
T1  - All for Copyright Stand Up and Holler! Three Cheers for Star Athletica and the U.S. Supreme Court's Perceived and Imagined Separately Test
AU  - Shipley, David E.
LA  - eng
ID  - 41935
KW  - Star Athletica
KW  - Copyright protection
SN  - 0736-7694
TI  - All for Copyright Stand Up and Holler! Three Cheers for Star Athletica and the U.S. Supreme Court's Perceived and Imagined Separately Test
LK  - http://www.cardozoaelj.com/wp-content/uploads/2018/10/SHIPLEY_ARTICLE.pdf
UR  - http://www.cardozoaelj.com/wp-content/uploads/2018/10/SHIPLEY_ARTICLE.pdf
ER  -